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A Hampshire pharmacy that has been subject to a GPhC enforcement order barring it from dispensing controlled drugs since February 2024 has been removed from the pharmaceutical list over related contractual breaches. 

On November 19, Minimax Pharmacy failed in its appeal against Hampshire and Isle of Wight ICB’s decision in July to remove it from the NHS list, NHS Resolution recently revealed. 

The Eastleigh pharmacy was put under conditions on February 2, 2024 over allegations – still unproven and under GPhC investigation – that it was diverting controlled drugs and promethazine medicines from the legitimate supply chain. 

The pharmacy was told it must not obtain, sell or supply any controlled drugs or medicines containing promethazine. 

These conditions remain in place, and the pharmacy’s managing director has been under interim suspension orders since February 19, 2024 with the most recent having been imposed in November this year. The pharmacy passed a subsequent GPhC inspection in October 2024.

The ICB issued seven breach notices on February 25 this year over its failure to supply controlled drugs as specified in the NHS terms of service for pharmacies, going on to issue further breach notices on June 3. 

Having considered the case and noted the GPhC’s stance in June this year that it “remains necessary to retain the conditions,” the ICB found that these breaches were likely to persist “without good cause” and on July 10 informed the pharmacy of its decision to remove it from the list. 

Appeal: ‘Innocent until proven guilty’

Appealing against the decision on behalf of the pharmacy, solicitors from the firm Temple Bright argued that the company was not in breach of its terms of service because it had “good cause” for not supplying controlled drugs. 

 “The company cannot be compelled by any terms of service provision to carry out an act which would be unlawful,” they asserted. 

They said this is “particularly the case” given that “no adverse findings of fact” have been made concerning the original allegations, adding: “The company and its officers/pharmacists are entitled to be considered innocent until proven guilty.

“To the extent that any interim measures have been put in place by [the GPhC] whilst investigations are ongoing, it would be unfair for those interim measures to be used by the ICB to close the pharmacy.” 

However, NHS Resolution’s head of appeals, Vicky Voller, rejected these arguments. 

Ms Voller took particular notice of the GPhC’s decision in June to refuse Minimax Pharmacy’s application to have the enforcement order lifted, with the regulator telling the company it had failed to “show evidence of what the pharmacy has implemented to prevent similar issues occurring again if the conditions were to be lifted”.

The GPhC had told Minimax: “The application focussed more on the impact the conditions have had on the pharmacy as opposed to reflecting on the issues which caused the conditions and how these would be prevented in the future.

“I have ongoing concerns about the pharmacy’s ability to provide this service safely.”

In Ms Voller’s view, the pharmacy’s failure to implement remedial measures between February 2024 and June 2025 showed that it no longer has “good cause” for continuing to breach its terms of service. 

Upholding the ICB’s original decision, she commented: “My view is that it has been within the control of the appellant to take such measures.”

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